Fake degree scandal: IHC resumes hearing of FIA appeal

Islamabad High Court Wednesday resumed the hearing of Federal Investigation Agency's appeal against the acquittal of Axact CEO Shoaib Sheikh and others in the fake degree scandal. A division bench of IHC comprising Justice Athar Minallah and Justice Miagul Hassan Aurangzeb heard the FIA appeal against the acquittal of Axact officials. During the hearing, Babar Awan Advocate, Raja Rizwan Abbasi, Sher Afzal and Haroon Rashid appeared before the court on behalf of Axact officials while Hamid Ali Shah represented the FIA before the court.
Additional Sessions Judge, Islamabad, Pervez-ul-Qadir Memon on October 31, 2016 had acquitted Axact CEO and others in the fake degree scandal. However, he was sacked on February 15, 2018 due to his admission of receiving a five million rupees bribe to acquit the accused persons. Deputy Attorney General (DAG) Raja Khalid Mehmood, representing the federal government, submitted that the judge who acquitted 27 Axact officials has been sacked due to his admission of receiving bribe and, therefore, the fake degree scandal needs to be tried afresh under the law.
The DAG cited Supreme Court judgments while arguing that the apex court has ruled that in such circumstances where adjudication of a matter is not done as per law, it needs to be tried afresh. In the present appeal, FIA through its deputy director Cyber Crime Circle in February 2017 had challenged the acquittal of 27 officials of Axact.
The petitioner, FIA cited Director/Chief Executive Officer Axact Shoaib Sheikh, his wife Ayesha Shoaib and 25 others as respondents. The FIA in its appeal under section 417 Criminal Procedure Code (CrPC) against the additional session judge Islamabad Pervaizul Qadir Memon's judgment through which all the 27 persons were acquitted maintained that the judgment was a result of misreading.
An FIR was lodged against all the respondents on June 7, 2015 under sections 419, 420, 468, 471, 473, 109/34 and section 4 of anti-money laundering Act 2010. The petitioner FIA said that an enquiry dated May 19, 2015 was registered against the respondent M/s Axact Ltd Islamabad region for preparing and selling degrees of fake online educational institutions with fake accreditation bodies, enticing innocent people through impersonation as student councilors within Pakistan and abroad.
Consequently, a raid was conducted on Axact's DHA office. According to the petitioner, during on the spot interview regional head Colonel Jameel Ahmad (retd), Lieutenant-Colonel M Younis (retd) and other officials of M/S Axact could not provide plausible justification regarding their online fast track prior learning assessment (PLA) education operation. Statements of some of the employees clearly showed that their sale agents were impersonating as highly qualified student counsellors of the fraudulent, non-existent, fictitious educational institutes, pretending being in the US as they used UAN numbers of the United States of America and persuaded the prospective student to deposit huge amounts of money in the off shore accounts operated by Axact in lieu with online degrees/certificates/ diplomas and the attestation/legalization from different government bodies.
The FIA counsel argued that Additional Session Judge Pervez-ul-Qadir Memon on October 31, 2016 had acquitted all the 27 persons, including CEO Axact, which is against the law and facts. He contended that the prosecution had proved its case beyond any doubt and the evidence was sufficient to prove the respondents are guilty. He requested to set aside the additional session judge orders and respondents be convicted as per law. The hearing of the case was adjourned until March 26.